Boy killed in hit-and-run remembered as 'happy, even when he was mad'

Family mourns the death of Amir Pallet, the 3-year-old who was allegedly struck intentionally in a hit-and-run on Lyell Avenue Saturday. A Mount Morris man is facing charges. (June 4, 2018)
Jamie Germano

Amir Pallet, 3, was killed when he was struck by a car at 483 Lyell Ave. Frank Cassata was charged in the incident when he allegedly drove at a pedestrian on the sidewalk.(Photo11: Provided)

A Livingston County man accused of intentionally driving into several pedestrians on Lyell Avenue Saturday night, killing a 3-year-old boy, was arraigned Monday morning in City Court.

Frank Cassata, 48, of Mount Morris pleaded not guilty to numerous charges including second-degree murder, second-degree vehicular manslaughter and leaving the scene of an accident resulting in death, all felonies, in connection with the June 2 crash.

He was also charged with driving while intoxicated, a misdemeanor, aggravated unlicensed operation of a motor vehicle, driving with no license or insurance, driving with a suspended registration and driving an unregistered vehicle, said Investigator Jackie Shuman of the Rochester Police Department. Additional charges are pending.

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A child was struck and killed Saturday night. Moments later, police responded to a second collision on Lake Avenue. The two incidents could be related, police said. (June 2, 2018)
Will Cleveland

While eastbound on Lyell, Cassata is accused of intentionally driving a car into two pedestrians — 3-year-old Amir Pallet and 23-year-old Abriel Fair, both Rochester residents — and fleeing the scene, Shuman said. The fatal crash occurred about 7:20 p.m. Saturday.

Minutes later, he drove into a car leaving a lot on Lake Avenue, about a mile away. Two people in that damaged car suffered minor injuries, according to police. Cassata was also injured in the crash.

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Rochester police on scene of a hit-and-run incident on Lyell Avenue Saturday night. A 3-year-old boy was struck and killed.(Photo11: Will Cleveland/@WillCleveland13/Staff photographer)

Many members of the boy's family burst into tears during the arraignment Monday morning. Amir's mother, Sophia Benitez, yelled toward Cassata in court as proceedings concluded: "He needs to at least apologize. He took my freaking baby."

Court documents allege that Cassata had been arguing with a group of people on Lyell Avenue Saturday evening, got into his car, drove it onto the sidewalk in an attempt to run over a man named Ricky Jackson.

He did not hit Jackson, who reportedly had just punched Cassata in the face, but instead drove onto a neighbor's lawn, hitting Amir and his cousin.

Frank Cassata, 48, of Mt. Morris pleaded not guilty in City Court in connection with hit/run death of 3yo Amir Pallet on Lyell Ave. on 6/2. court documents allege Cassata was aiming to drive into another person (Ricky Jackson), instead hit the boy & 23yo Abriel Fair #roc@DandC

Court documents: cassata was drunk when he argued with a group of people on Lyell. Got into his car, drove onto sidewalk attempting to strike a man (Ricky Jackson) but missed him, drove toward lawn in front of 483 Lyell where he hit Amir Pallet (3) and Abriel Fair. #roc@DandC

Both pedestrians were taken to Strong Memorial Hospital, where Amir died from his injuries.

"I was right there," Fair said after the arraignment, her voice wavering. "I was a second away from grabbing him. I had my hand out to grab him and I couldn't grab him fast enough."

Fair, who broke her finger and had scrapes, stitches and staples on her arms and legs as a result of the crash," said she keeps replaying the crash in her mind. "I feel like I could've done more."

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Sophia Benitez is comforted by family and friends after Frank Cassata was arraigned in city court. He was charged with intentionally driving his car into a group of people and killing Benitez's 3-year-old son Amir Pallet. (Photo11: JAMIE GERMANO, @jgermano1/Staff Photographer)

Benitez described Amir, the youngest of her three children, as a smart, happy boy who loved his family and pizza.

"He was always happy, even when he was mad," said his grandmother Mary Skeleton.

Benitez was not home when the crash occurred and did not know Cassata. She does, however, want the Mount Morris man to be held accountable for his actions and to understand how he has changed her life.

"He was trying to hit someone else but he made that choice," she said. "Everybody keeps saying it's going to be OK. It's not OK. It's not. This is the beginning to the most miserable life I'm going to ever have. ... Now I've got to bury my baby."

Amir’s Cousin Abriel Fair, who was also struck by Cassta’s car said she couldn’t grab Amir fast enough. “I feel like I could’ve done more.” Fair broke finger, has scrapes all over arms, legs #roc@DandCpic.twitter.com/BQJS1eMljg

To Cassata, Benitez said, "You took my baby from me. You ran him over. You could've stopped, at least had a freaking heart. … You're pathetic. I hope you suffer in there."

A convicted felon, Cassata previously served more than a decade in state prison since 2000. He was first convicted of attempted second-degree criminal possession of a forged instrument in 2000 and was released three years later, according to the state Department of Corrections and Community Service. He was convicted of first-degree robbery and first-degree burglary in 2005 and served eight years in prison and was released. A five-year parole period ended in October 2017.

Court documents allege that Cassata was not cooperative with police as he was apprehended. A number of people witnessed the fatal crash, including one person who followed Cassata from the scene until he drove into another car on Lake Avenue several minutes later.

Cassata on Monday was remanded to the Monroe County Jail without bail and is due to return to court for a preliminary hearing on Friday morning.